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HomeMy WebLinkAbout93-200 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 93-200 Being a by-law to authorize the execution of an agreement between The Corporation of the Municipality of Clarington and Samuel Berwin Jackson and Tracey Ann Jackson for the purchase of certain lands required for the reconstruction of Prestonvale Road in the Municipality of Clarington. WHEREAS the Municipal Act, R.S.O. 1990, c.M.45, s. 191 ( 1) , states that: "The Council of every corporation may pass by-laws for acquiring or expropriating any land required for the purposes of the Corporation . . . " ; and WHEREAS The Corporation of The Municipality of Clarington requires certain land for the reconstruction of Prestonvale Road. NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AS FOLLOWS: 1. THAT the Mayor and Clerk be authorized to execute on behalf of The Corporation of The Municipality of Clarington, and seal with the Corporate Seal, an Offer to Sell from Samuel Berwin Jackson and Tracey Ann Jackson, attached hereto as Schedule "A" and forming part of this By-law, that portion of Part Lots 32 and 33, Concession 2, former Township of Darlington. BY-LAW read a first and second time this 13th day of December, 1993. BY-LAW read a third time and finally passed this 13th day of December, 1993. djZ&Z&&ZZ_) MAYOR CLERIC 6y-626v 1 ONTARIO REAL ESTATE ASSOCIATION SCHEDULE "All AGREEMENT OF PURCHASE AND SALE 113 REALIOR REALTOR '.. PURCHASER S1te-CjUpDr UOn of t e Munnn»> S pality of Cl ar;ngron offers to boy from VENDOR Samuel Berwin Jackson and Tracey Ann Jackson through Vendor's AGENT. No Agent the following .1411 1.10 PNUNI;N, ,srl.l.l.%<i XNnAhR h PROPERTY:fronting on the_—eas t side of P=-tonvale-Rood_.known municipally as2_07 Prat toncale_Road Municipality of Clarington in the legion of Durham and hating a frontage of_.See_deserip.tion-1e10w more or less by a depth of more or less and described as Concession 2, Part lot 32 and 33, Part Road Allowance between loth-and 33 Now RP 10R3563 Part 1 URCHASE PRICE OF Is-� t —_ Canadian Dollars(Scan � n the following terms: Purchaser submits with this offer_._NO de Os1t Nil Dollars IS 1 cash/cheque pa)ahle to the Listing Urokcr as a de;wsil to be held by him in trust pending completion or other termination of this Agreement and to be credited towards the Purchase Price on completion. 2. l4uchascragrcesw pay the balance of the purchase price in cash or by certified cheque to the Vendor on the closing date. The-property being purchased and sold herein is known as 2497 Prestonvale Road =_ and is a triangular shaped parcel of land at the south west corner of the above described legal description and consists of a total area content of 6.47 square meters + or - and is more particularly illustrated by the highlighted area of the attached copy of plan for road widening marked '•Parcel 2 ". The Purchaser agrees to pay all of the legal, surveying, landscaping and any other associated costs involved in or with the transaction and development of the property. The Purchaser and Vendor both agree that the transaction can be completed at any time prior to the closing date set out in this Agreement of Purchase and Sale. I. Purchaser a nd Vendo,grcc that all existing l7xures are included in the purchase pace except those lined hereunder_ and III,.(the following ch:ntels are included in the Purchase price: --- ---- Vendor-- -- ---- --— ---- -------q-�-- •I. f KXXX agrees this this Offer shall be irtcvoc,blc b)biro until ],]__�9 (h.m.;p.m.)on the_A.J_t�day of-July--. p,.9_4__-_____-__,after which time.stool accepted.this Offer shall be null:Intl%old and the depsois shall he returned to Purchaser without interest or deduction. 3. '1 his Agreement shall Is,cmupleted on the__3O th _..--_-lac of _AUgus t 194 Upon completion,vacant pox cs%u)n of the I eso.shall Ix•gtsco to Purchaser unlc­uherwise provided as follows: f1 n. Purchaser shall be iflowcd mail 4.59 p.m.on the-39th of_AUZP t_ 19 94- to:examine the title to the proper)'.at his own expense W s;disfy hinsclf III;.[there arc no outstanding work orders affecting the property.tKXX,4,K,X)GX , K�f wxlxvrnrojxrcxxhxrxw�t ww�aK�f hw�c�Nxx�gwwxxx,7cucxoc�xxwzx�xxx 7. Proeided that file title m the property is good and free from all restrictions,charges,liens.claims and encumbrances•except as otherwise specifically provided in this Agreement. and save and except fist (al any registcred restrictions or covenants that run with tie land,provided that such are complied with: lM mty registered agreements with a municipality or a supplier of utility service including,without limitation,electricity,wafer,sewage,gas,telephone or cable television or other Ielccomniunication service,providing such haee been complied with or security has been posted to ensure compliance and completion as evidenced by letter from the relevant municipality or utility supplier:and tct any minor casements for the supply of utility service to The property or Tn adjacent properties, II'within the time for examining the title;Ins valid oRb ection m title.or any outstanding work order or deficient%notice.or to the fact that the said present use may not lawfully he co 162ed,tx tYs3SX,X�rYaX�Sr1G?G rfif6Y�Xs GsKt7S 7fs�476XYErXiXXuKK7GKi)G.is made in writing to Vendor or Vendor's solicitor,which Vendor is unable or unwilling to remove. Ienhedv or emitO•.and which Purchaser will not waive.this Agreement,ncnwithstanding any intermediate acts or negotiations in respect of such objections,shall be at an end,Xlxl +11lyCdCX} Yt�l7SfxrX�4rlSlyCXiIK�CeX�ir mi xXlrY rYi Xsd( iX SI�i7(n and Vendor)GNXJCXj(cYJ s mll not be liable for any costs or damages.Save as to any valid objection so made within such lime.and except tin any objection going to the r mt of title,Purchaser shall be conclusively deemed to have accepted Vendnr•s title to the property.Vendor hereby consents m the municipality releasing m Purchaser deuhils of all outstanding work orders or deficiency notices affecting the property,and Vendor agrees to execute and deliver to I'urchascr nr his solicitor such further authori7atisus in this regard as Purchaser may reasonahfy require. accepting N. Purchaser acknnwled,;ex having inspected Uhf property prior to pfp7DQKpUK16 Offer and understands that upon XXd@4xrcecpting this Offer there shall be a binding ag,reentent of purchase and sale betssecn Purchaser and Vendor. 9. Vendor and Purchaser agree that there is no condition,express or implied,sepre—latimt or warranty of any kind that the future intended use of the property by Purchaser is or will he lawful except as may he apccifically stipulated elsewhere in this Agreement. 1(t. Pmcba""'hall not 1:111 Ina the 11 &cu ill auy title Jett,abwracl,uuvcy ar olfrer evidence of tide u,fife pOmeny escepl such as all in the possession or control of Vendor. Vendor agrees that,il'rcqucsad by oat 1,a rcha%ca he will deliver any sketch or survey of the property in his Psr%sessiun or wilrir.his anrol(o Purchaser as soon as possible and prior ll tilt last day;dluweJ far ca:uuining tide.In file event that a discharge of any mortg:Ige Or charge held by a corporation incorporated pursuant to the Loan Companies Act lCanaJ;D.('h:uurcd B nrk.Trust('omp;ury,('redil Union Or Inwrllce Company and which is nut w he a%%uneJ by the I urcha%crun completion,is not available in registrable form On C ople(ion,Ill Puntha,er agnc%It,accept llte Vendor's solicitor's peronnal undertaking to uhlain,out of file closine funds,a discharge or cessation of charge in registrable form and to register s;u le oil tide within a reasonable Period ill lime after anoPlclion.provided that On or before complc(iun the Vendor shall provide to the Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge,together with a direction executed by the Vendor directing payment to the mortgagee. of the amount required In obtain the discharge out of the balance due on completian. I L All buildings on the property and all other things being purchase()shall he and remain until completion;n the risk of Vendor.fending completion,Vendor.shall hold all insurance p,diries,if any.and(he Pneceds thereof in(rust for(he paniic%as their intcle,ls may appear Old in(lie event of suhaantial damage,Purchaser may either(enninatc Ibis Agreement and have all monies l c,siollr Paid tetunred odour interest or deduction ur cfse take[lie proceeds of any insurance and canrplcle the purchase.No insurance shall be transferrtJ on completion.If Vendor is takine balk a mortgage or a charge.or Purchaser is asxuming a mortgage or a charge.Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect the Vendnr'.s or other mortgagee's interest on completion. 12. Ihns•ided that(his Agreement shall be tlftclise Io create an interest in the Pngerty 1-111%il'the subdivision control precisions Of The Planning Ac(are complied with by Vender on or before completion and Vendor herchv coveuams to proceed diligently at)x ex+rose burin;arty,necessary consent on or before completion. 1.1. Purchaser shall be credited towards the Purchase Price with the amount.it;my. -uc u it,s m necessary for Purchaser ur pay to the Minister of National Revenue in order la .s•uisfy Purchases%liahilty in respect of(ax payable by Vendor under the non•residcncy provisinta of the Income Tax Act by reason of this sale.Purchaser shall not claim such credit if Vendor deliver on completion(lie prescribed certificate Or his%launory declaration that he is not then a non-resident of Canada. 14. Any cents.mortgage interes(.realty taxes including heal improrenent rules and unmelered public or private wilily charges and unntclered cost of fuel,as applicable,shall be apportioned and allowed to the Jay of completion.the Jay of completion'(101'to le apptmioned to Purchaser. 15. The Transfer/Decd.shall,save lilt the laud Tr tmer flax Affidas it.he prepared in lepislrlblc loam an the expense of Vendor.and any nmrlgage or charge n,be given hack by the Purchaser to the Vendor at the expanse of the Purchaser.If«quested by Purchaser.Vender covenants than Ile Transfer/Deed to he delivered no completion shall contain file %hnentcnls conlcnrplated by Clauses 49(21a)la).(III and let of file Phmning Act,1983, 16. Time shall in all respect,he Of the essence hereof provided that the time fur doing or(-oil ing 41(;1 matter provided for herein mar be extended or abridged by an agreanetit in writing signed by Vendor and Purclrner or by their respective solicitors who may be specifically authorized in that regard. 17, Any Icader of dOcunrenls or mane)hereunder trial be made upon Vendor or Purchaser or their respective solicitors on the day set for completion of this Agreement.Moncy may Iv tendered by hank draft or cheque certified by a Chamered Bank.Trust Company,Province Of Onlrio Savings Office.Credit Union or Caisse Populaire. Ix. TILE VENDOR WARRANTS TIIAT SPOUSAL CONSENT IS NOT NECESSARY TO THIS TRANSACTION UNDER THE PROVISIONS OF THE FAIlifILY LAN' - ACT.1986,UNLESS 1.11F YF•NDOR'S-SPOUSE HAS EXECUTED THE CONSENT HEREINAFTER PROVIDED. I9. 'file VCndOr rePresenlC and warrants h,the Purchaser that during the time the Vendor has Owned the Property,the Vendor has nn(caused any building no(he property to le insulated with insulation eunuuining on afnrtmaddchyde.and(hat in the best of the vendor's knowledge no building on the Property contains insulation that contains ureaformalehyde.This ,varraoiy shall service and not merge nn the completion of this trnsaction.and if the building is part of a multiple unit building,Iles warranty shall only apply to that pan of the huilding which is the subject of(his transaction. :m, 'fflP, PURCHASER IS IIERF.III' NOTIFIED TIIAT A CONSUMER RET'OR'T CON'T'AININ(; CREDIT AND/OR PERSONAL INFORMATION MAY BE REFERRI-A)I'O IN C'ONNECT'ION\\•I'll I TIIIS TRANSACTION. 21, '1Ile Vendor hereby appoints the I.ist ing It raker his Agent for the ptlgosc of giving and rccei ving notices pursuant to this Agreement. 22. If(here is cnnllic(between;my provision written or typed in this Agreement(including any Schedule to This Agreement)and any provision in the printed portion hereof,the written ur filled provision shall supersede the Printed provision hr the extent of such conflict.This Agreement including any Schedules auacbcd hereto,shall constitute wile entire Agreement between the I'urchastr and Ven for-'\'here is no representation.warranty,collateral agreancnt or condition,whether direct Or collateral or expressed or implied,which induced any p:n(y hereto to enter into laic Agreemenl ur on which reliance is placed by any such Party.Or which affects this Agreement or the Property or supported hereby,other than as expressed herein.This Agreement shall be read with all changes of gender or number required by(he coolest. -'?. II(his ransaclion is subject ht GOmds and Ser ices 1'a\(G.S.T.)(hen such G.S.T.shall Ne in addition to and not included in lee purchase price.and G.S.T.shall be collected and remitted in accordance with applicable legislation.If[his transaction is not subject In G.S.T..tine Vendor agrees to provide no or hefore closing to the Purchaser or Purchaser's solicitor a cenilicate in the form pre%aihcd by tee applicable legislation(if sn Prescribed,or ollcrwise in a firm reasonably satisfactory to file Purchaser or Purchaser's solicitor) certifying that the lran,action is nut whjecl to G.S.'r.­G.S.T."means the tax commonly'referred to as the"Goo&and Services Tax"contemplated by Rill C•62,Third Reading April Ib.199(1,of(he Parli:left,of Canada,or as may be subsequently enacted into law. DATED al—.--_.—_—'------_.—_---_ —this Jay of � 19 SIGNIiD.SEALED AND ) IN WIT NESS the,cof I have nereumo set m)hand and seal: DELIVERED to the presence of j .,, -- ---- ------------------ as,,,e,Y,----- DATE n„n ' r-------- DATE X N( u}Y�YG x X x�X6��3S4 i(Y X�X(dG1Cy(Y7�Pf XX I4 pX(y)Y{2x(}Xy�)G(lxgxc b�xCX Tx XtpX(�Y(w+C x X 2GJxG1��4Ywp(N xux4�XoXagx(Yv9?(4?�fuY px�df XRxC�X(cY.IY(YJV rK?(rxa1 X4 xptt�X xxXa}YC�6gYrpx(YrfXyt\{CAy(4rpK(�XpdX(t�X(J XX X,f 7GXXX �NXiX�?4XMx1Cz�X��p�YxJ 7S�C2 X�(cXX1�XK,( 76XYxiXZXY(�SXJ4 (tSdcI�XXI�Sa� � XtBdrJFtxXYdG7G7F� �v',Xd�y4JfKXk ?G �x wxx W)Cl(2lxxxxtbx x'zosx'xxxtxwwxxoowucaax>oxatxxr�mxa xauixxxaaxiincaJxxaxxxxotximx DA I I'D:it_COUrtice __--_fill, l/) day of_$ept_eM ex 19 t.1 SR)NI.D.SFAITI)AND' / / IN\\'ITNESS whereof 1 11:111 hercuno set my hand and seal: DIA.IVERED in(he DAl'li .0.,.•,.., ._`t'_/11 1.._._:disco--r — ........__. '-- / — .r ,d DATE 1 h1 nn I"'.vted Slv,u,c ill Ih1 Vendo,herchy cun,Cnl,to the dt,posil ion es life rased herein pursuant Iu the pruvnions of The family Law Act,1986, In o a,ideralinI of the was.n Onc Udl.0(S101).the receipt Of which from file Pmcha,cr i,hc,lb%ac•knnwiedged.the undcr,igned Spouse of(he Vendor hereby agrees ulll the P�nclm,cl iha(he!,he,s ill cw,ute all actc-nl Or u¢nlenlal documents to gist lull Luce and effect to the ,le evidenced herein. ------..._.._.._..------- DATE ACKNOWLEDGEMENT I a,kn0 n,lydee n•ceq+t.d n,) W"ll 1011,of Iles,ICCep0.•d.\gO•enem ill I'mcha,c acid I ackm,wiedge receipt of my signed copy of this accepted Agreement of Purcha,c and S:()1 and I aultorite the Agent(o tin w,,d a%qtr n+m)snhrib'r. Sale and I a thnrite the Agent w lor,ard a copy to my solicitor. . DATE._------ DATE `-----------— -- UAl'li_----'— DATE ADDRESS— I IiLiTi IONI'.NO. . . . ...—.. TI ELITI IONS NO._____ \I.N NDR'S So1.1 11 R .1 r'��.'t leap., --_ _ PURCHASEWS SOI.fCfIOfI / .. _ ... ADDRESS— -------- I 'll'.LEPIIUNE,NU. •On No.Ill - lU mi — I t N 1 CL a • r� rn CO � ►s =r: r.. f r S 000 l m s96. �� N�yZ �• `Z � f/ / '' M b1S N 12.49'40' E l r ;. 4 "2_---q.2 o lLr � v- v- r� co CO _N rl l 11 w - 0p OZ . 2I .o I;l ;d • 1 (\j co W Pt i-�l f Qj .,,�• � � Koj Co LO O z - °°f I ° N / N' .6017'20' E 0 1.0 1 4 rT O 00'0"